Carers and WRA

Hello all, quick query.

Have a client who is due to be migrated over to ESA. Looks unlikely to get in the support group and thinks she will struggle with WRA as she is caring for her elderly mother (who gets AA and SDP in her PC).

CPAG and Dis Rights Handbook both say that you do not have to do WRA if you are ‘entitled’ to CA. Client would normally be able to get Carers Allowance but has not claimed as she was worried that mother would lose her SDP (client still lives elsewhere).

Interestingly at the moment client is getting IB/IS and so I think that she could claim underlying entitlement to CA and get the CP added to her IS without affecting her mum’s SDP. However once migrated onto ESA she is only likely to be able to keep CBESA for 365 days, after which the CA will become payable which will knock off the SDP.

So, in the longer term if she wants her mum to keep the SDP, can she argue that she is entitled to CA (even though she is not actually receiving it as she has not acted on this entitlement) and therefore exempt from WRA??

Thanks!!

I once tried to make an analagous argument, and was embarassed to find that the first reg of the primary legislation undercuts it. In general, to be entitled to a benefit, you need to have claimed it:
http://www.legislation.gov.uk/ukpga/1992/5/section/1/enacted

Thanks for that, seems pretty conclusive